Who has the right to consent to treatment for my child?

A parent or legal guardian usually has the right to consent to treatment for his or her minor child. If parents have shared legal custody, unless a custody order says otherwise, each parent would have the right to medical information or records for their child or to consent to treatment on behalf of the child. If the parents with shared legal custody are in disagreement about a medical treatment, court involvement may need to be sought to resolve the disagreement.

A person who is 18 years of age or older, or a minor who has graduated from high school, has married, or has been pregnant, can consent to medical, dental, or health services on behalf of himself or herself.

A minor has the right to consent on his or her own behalf to medical or health services to test for, or receive treatment for, pregnancy or venereal disease or certain other diseases reportable under the Disease Prevention and Control Law of 1955. Additionally, a minor 14 years of age and older is able to consent on his or her own behalf to mental health treatment.